Measures for the Management of Affordable Housing

Measures for the Management of Affordable Housing generally refer to the Management Measures for Affordable Housing. Measures for the Administration of Affordable Housing. These Measures are formulated in order to improve and standardize the affordable housing system and protect the legitimate rights and interests of the parties. The following are the affordable housing management methods I compiled for reference only.

Chapter 1 General Provisions

Article 1 These Measures are formulated in order to improve and standardize the affordable housing system and protect the legitimate rights and interests of the parties.

Article 2 The term “affordable housing” as mentioned in these Measures refers to the government providing preferential policies, limiting the area and sales price of units, building them in accordance with reasonable standards, and supplying them to urban low-income families with housing difficulties, and is of a guaranteed nature. policy housing.

The term "urban low-income families with housing difficulties" as mentioned in these Measures refers to families within the town where the city or county people's government is located, and whose family income, housing situation, etc. meet the conditions stipulated by the city or county people's government.

Article 3 The affordable housing system is an integral part of the policy system to solve the housing difficulties of urban low-income families. The objects of affordable housing supply should be connected with the objects of low-rent housing security. The construction, supply, use, supervision and management of affordable housing shall comply with these Measures.

Article 4 The development of affordable housing should be under the guidance of unified national policies, with each region adapting to local conditions, with government leadership and social participation. Municipal and county people's governments should reasonably determine the policy objectives, construction standards, supply scope and supply objects of affordable housing based on local economic and social development levels, residents' housing conditions, income levels and other factors, and organize their implementation. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government have overall responsibility for the affordable housing work in their respective administrative regions, and implement target responsibility management for the people's governments of municipalities and counties under their jurisdiction.

Article 5 The construction administrative department of the State Council is responsible for the guidance and implementation supervision of the national affordable housing work. The construction or real estate administrative departments of local people's governments at or above the county level (hereinafter referred to as the affordable housing departments) are responsible for the management of affordable housing within their respective administrative regions.

The development and reform (price), supervision, finance, land and resources, taxation and financial management departments of the people's governments at or above the county level are responsible for work related to affordable housing according to the division of responsibilities.

Article 6 The municipal and county people’s governments shall clarify the scale of affordable housing construction, project layout, land use arrangements, etc. in the development plans and plans to solve the housing difficulties of urban low-income families, and include them at the same level. National economic and social development plans and housing construction plans shall be announced to the public in a timely manner.

Chapter 2 Preferential and Supportive Policies

Article 7 Land for affordable housing construction shall be supplied through allocation. Land for affordable housing construction should be included in the local land supply plan and listed separately when declaring land use indicators to ensure priority supply.

Article 8 Economically affordable housing construction projects are exempt from various administrative charges and government funds such as urban infrastructure supporting fees. The cost of infrastructure construction outside affordable housing projects shall be borne by the government. Economically affordable housing construction units can apply for housing development loans from commercial banks using projects under construction as collateral.

Article 9 When individuals who purchase affordable housing apply for a loan from a commercial bank, in addition to complying with the provisions of the "Personal Housing Loan Management Measures", they must also provide a certificate of approval for the purchase of a house from the competent department of affordable housing of the municipal or county people's government. Approval notice.

Purchasing affordable housing can draw personal housing provident funds and give priority to housing provident fund loans.

Article 10 The loan interest rate for affordable housing shall be in accordance with relevant regulations.

Article 11 The construction and supply of affordable housing must strictly implement various tax and fee preferential policies stipulated by the state.

Article 12 It is strictly prohibited to develop commercial housing in disguise by paying land transfer fees and other methods after obtaining allocated land in the name of affordable housing.

Chapter 3 Construction Management

Article 13 Economically affordable housing must be planned in an overall manner, reasonably laid out, and supported by supporting construction, and fully consider the transportation and other infrastructure conditions of urban low-income families with housing difficulties requirements and reasonably arrange the location layout.

Article 14 Where economically affordable housing is constructed in a commercial housing community, the total construction area, single unit building area, number of units, and number of units of the economically affordable housing built in ancillary units shall be clarified in the project transfer conditions. Matters such as type proportions, construction standards, and handover or repurchase after completion shall be stipulated in the contract.

Article 15 The construction area of ??a single unit of affordable housing shall be controlled to approximately square meters. Municipal and county people's governments should reasonably determine the scale of affordable housing construction and the proportion of various types of housing based on local economic development levels, people's living standards, housing conditions, family structure, population and other factors, and conduct strict management.

Article 16 In accordance with the principles of government organization coordination and market operation, the construction of affordable housing can be carried out by project legal person bidding, and real estate development enterprises with corresponding qualifications and good social responsibilities can be selected for implementation; it can also be carried out by The affordable housing management implementation agencies determined by the municipal and county people's governments directly organize the construction. In the construction of affordable housing, attention should be paid to the active role of large-scale state-owned construction enterprises.

Article 17 The planning, design and construction of affordable housing must be in accordance with the requirements for developing energy-saving, land-saving and environmentally friendly housing, strictly implement the "Residential Building Code" and other national mandatory standards for housing construction, and adopt competitive bidding. The method optimizes the planning and design scheme to achieve basic functions in a smaller package. Actively promote the application of advanced, mature, applicable and safe new technologies, new processes, new materials and new equipment.

Article 18 The affordable housing construction unit shall be ultimately responsible for the quality of the affordable housing projects it constructs, issue a "Residential Quality Guarantee" and "Residential Instructions for Use" to the buyer, and assume warranty responsibilities , to ensure project quality and use safety. Requirements regarding housing quality and performance should be specified in the construction contract.

The construction and supervision of affordable housing should be carried out through bidding, and construction enterprises and supervision companies with qualifications and good social responsibilities should be selected for implementation.

Article 19 Affordable housing projects may use bidding methods to select property service companies to provide preliminary property services, or they may be self-managed by residents under the guidance of community neighborhood committees and other institutions to provide residents with basic services that meet the basic requirements of residential areas. Real estate services needed for daily life.

Chapter 4 Price Management

Article 20 The price of affordable housing shall be determined based on the principle of maintaining capital and making a small profit. The sales benchmark price and fluctuation range shall be determined and announced to the public by the price authority with pricing power in conjunction with the affordable housing authority, in accordance with the relevant regulations on affordable housing price management, and on the basis of comprehensive consideration of construction and management costs and profits. . The profit rate of affordable housing projects implemented by real estate development enterprises shall be assessed at no higher than %; the affordable housing directly organized and constructed by the municipal and county people's governments can only be sold at cost price and shall not make a profit.

Article 21: The sales of affordable housing shall be clearly priced. The sales price shall not be higher than the benchmark price or the increase range, and any unmarked fees shall not be charged in addition to the listed price. After the price of affordable housing is determined, it should be announced to the public. Price authorities should conduct supervision and management in accordance with the law.

Article 22 A charge card system is implemented for affordable housing. When collecting fees, relevant departments must fill in the payment registration card issued by the price department. No unit may collect fees from affordable housing construction units in disguised form in the name of deposits, security deposits, etc.

Article 23: Price authorities must strengthen cost supervision and review, fully understand the changes in cost and profit of affordable housing, and ensure that the quality and price of affordable housing are consistent.

Chapter 5 Access and Exit Management

Article 24 Strict access and exit mechanisms should be established for affordable housing management. The municipal and county people's governments organize the sale of affordable housing to low-income families who meet the housing purchase conditions at fixed prices. The supply of affordable housing implements an application, review, publicity and waiting system. Municipal and county people's governments should formulate specific methods for application, review, publicity and waiting for affordable housing and announce them to the public.

Article 25 Urban low-income families who apply to purchase affordable housing should meet the following conditions at the same time:

(1) Have local urban household registration

(2) The family income meets the income standards for low-income families defined by the municipal and county people's governments;

(3) There is no house or the current housing area is lower than the housing difficulty standards stipulated by the municipal and county people's governments.

The household income standards and housing difficulty standards for affordable housing supply targets are determined by the municipal and county people’s governments based on factors such as local commercial housing prices, household disposable income, living standards, and family demographic structure, and are implemented. Dynamic management, every time it is announced to the public.

Article 26 Applications for affordable housing qualifications are determined through step-by-step review and public announcement by the sub-district office (township people’s government), city (district), and county people’s government. The review unit shall verify the applicant's family income and housing status through household surveys, neighborhood visits, and letter requests. Applicants and relevant units, organizations or individuals shall cooperate and truthfully provide relevant information.

Article 27 For families that have passed the review and public announcement, the affordable housing department of the municipal or county people's government will issue an approval notice to purchase affordable housing, indicating the area standards that can be purchased. Then the waiting list is based on factors such as income level, housing difficulty, and order of application.

Article 28: Qualified families can purchase a set of affordable housing corresponding to the approved area with the approval notice. In principle, the purchased area shall not exceed the approved area. If the purchase area is within the approved area, it will be purchased at the approved price; if the area exceeds the approved area, the government preferential treatment will not be available, and the buyer will pay the price difference according to the price of the same type of ordinary commercial housing in the same location.

Article 29: After purchasing affordable housing, individual residents must register ownership in accordance with regulations. When registering ownership, the housing and land registration departments should indicate the affordable housing and allocated land respectively.

Article 30 Buyers of affordable housing have limited property rights.

Those who are dissatisfied with the purchase of affordable housing are not allowed to be directly listed for trading. If the home buyer really needs to transfer the affordable housing due to special reasons, the government will repurchase it at the original price and take into account factors such as depreciation and price levels.

If the purchase of affordable housing is completed and the buyer transfers the affordable housing on the market, he should pay land income and other related prices to the government based on a certain proportion of the price difference between ordinary commercial housing and affordable housing in the same location at that time. The specific payment ratio is Determined by the municipal and county people's governments, the government can give priority to the repurchase; house buyers can also obtain full property rights after paying relevant prices such as land income to the government in accordance with the standards set by the government.

The above provisions should be stated in the affordable housing purchase contract, and the relevant liability for breach of contract should be clarified.

Article 31 If a family that has purchased affordable housing purchases other housing, the original affordable housing shall be repurchased by the government in accordance with regulations and contracts. The affordable housing repurchased by the government should still be used to solve the housing difficulties of low-income families.

Article 32 Families that have participated in welfare housing allocation are not allowed to purchase affordable housing before returning the allocated housing, and families that have purchased affordable housing are not allowed to purchase additional affordable housing.

Article 33: Economically affordable housing purchased by individuals shall not be used for rental operations before obtaining full property rights.

Chapter Six Units Raise Funds to Cooperate to Build Houses

Thirty-four independent industrial and mining enterprises that are far away from urban areas and enterprises with a large number of households with housing difficulties shall be in compliance with the overall land use plan and Under the premise of urban planning and housing construction planning, and with the approval of the municipal and county people's governments, the unit's own land can be used to raise funds for cooperative housing construction. Those who participate in unit-funded cooperative housing construction must be limited to low-income families with housing difficulties who meet the regulations of the municipal and county people's governments.

Article 35 The cooperative construction of houses by units raising funds is an integral part of affordable housing. Its construction standards, preferential policies, supply objects, property rights relations, etc. are strictly implemented in accordance with the relevant regulations on economically affordable housing. Units raising funds to jointly build houses should be included in the local affordable housing construction plan and land use plan management.

Article 36: No unit may use newly requisitioned or newly purchased land to organize funds for cooperative housing construction; state agencies at all levels are not allowed to engage in unit fundraising for cooperative housing construction. Units that raise funds to build cooperative houses shall not sell them to families who do not meet the supply conditions of affordable housing.

Article 37: After units raise funds to jointly build houses that meet the requirements of the unit's low-income families with housing difficulties, if there is still a small amount of remaining housing, the municipal and county people's governments will uniformly organize to provide affordable housing. Households that are eligible for house purchase are sold, or purchased by the city or county people's government at cost price and used as low-rent housing.

Article 38: The funds collected from employees for unit-funded cooperative housing construction shall be managed and used exclusively, and shall be subject to the supervision of local finance and affordable housing authorities.

Article 39: Persons who have participated in welfare housing allocation, purchased affordable housing, or participated in unit-funded cooperative housing construction shall not participate in unit-funded cooperative housing construction again. It is strictly prohibited for any unit to carry out physical distribution of housing or development of commercial housing in disguise in the name of raising funds for cooperative housing construction.

Article 40: In principle, no management fees will be charged for units to jointly build houses by raising funds, and no profits will be made.

Chapter 7 Supervision and Management

Article 41 The municipal and county people’s governments must strengthen the follow-up management of purchased affordable housing, and the competent departments of affordable housing must effectively perform their duties , conduct regular inspections on the residents and use of the houses of households that have purchased affordable housing, and promptly correct any violations found.

Article 42 The municipal and county people’s governments and their relevant departments shall strengthen the investigation and punishment of disciplinary and illegal acts in the construction and transactions of economically affordable housing.

(1) Anyone who arbitrarily changes the nature of economically affordable housing or land for cooperative housing construction shall be punished by the land and resources department in accordance with relevant regulations.

(2) Any price violation such as illegally raising the sales price of affordable housing or jointly building houses by raising funds without authorization shall be punished by the price department in accordance with the law.

(3) If unqualified families purchase affordable housing or participate in fund-raising cooperative housing construction, the housing they purchased or raised funds to construct shall be priced at the original price within a time limit by the competent department of affordable housing, taking depreciation and other factors into consideration. Purchase at a determined price; if the purchase cannot be made, the competent department in charge of affordable housing shall instruct them to pay the price difference between the price difference between the affordable housing or the unit-funded cooperative construction and the same type of ordinary commercial housing in the same location, and the relevant responsible units and responsible persons shall be punished in accordance with the law.

Article 43: For individuals who commit fraud, conceal family income and housing conditions, and fraudulently purchase affordable housing or units that raise funds to jointly build housing, the affordable housing department of the municipal or county people's government shall purchase the housing at the original price within a time limit. Depreciation and other factors will be taken into account when the price is taken back, and responsibilities will be investigated in accordance with the law and relevant regulations. Those who issue false certificates will be held accountable in accordance with the law.

Article 44 If state agency staff abuse their power, neglect their duties, engage in malpractice for personal gain during the construction and management of affordable housing, they shall be held accountable in accordance with the law and disciplines; if they are suspected of committing a crime, they shall be transferred to judicial organs for handling.

Article 45 Any unit or individual has the right to report and accuse behavior that violates the provisions of these Measures.

Chapter 8 Supplementary Provisions

Article 46: The competent departments of affordable housing of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in conjunction with development and reform (price), supervision, finance, land resources, and financial management , The tax authorities may formulate specific implementation measures based on these Measures.

Article 47 The Ministry of Construction, together with the National Development and Reform Commission, the Ministry of Supervision, the Ministry of Finance, the Ministry of Land and Resources, the People's Bank of China, and the State Administration of Taxation are responsible for the interpretation.

Article 48 For economically affordable housing that has not yet been sold after the promulgation of these Measures, the relevant provisions of these Measures regarding access and exit management, price management, supervision and management, etc. shall be implemented; economically affordable housing that has been sold shall still be subject to the The original regulations will be implemented. For affordable housing projects that have been previously approved but have not yet started construction, any matters that do not comply with the provisions of these Measures shall be adjusted accordingly in accordance with these Measures.

Article 49 The "Notice on Issuing the "Administrative Measures for Affordable Housing" (Jianshehuang No. XX) of the Ministry of Construction, the National Development and Reform Commission, the Ministry of Land and Resources, and the People's Bank of China shall be abolished at the same time.